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Articles 1 - 30 of 35
Full-Text Articles in Law
For And Against Marriage: A Revision., Anita Bernstein
For And Against Marriage: A Revision., Anita Bernstein
Faculty Scholarship
No abstract provided.
Consumer Expectations’ Last Hope: A Response To Professor Kysar, Aaron Twerski, J. A. Henderson
Consumer Expectations’ Last Hope: A Response To Professor Kysar, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron
Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron
Faculty Scholarship
No abstract provided.
A Matter Of Priority: Transplanting Organs Preferentially To Registered Donors, Adam Kolber
A Matter Of Priority: Transplanting Organs Preferentially To Registered Donors, Adam Kolber
Faculty Scholarship
No abstract provided.
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Faculty Scholarship
No abstract provided.
Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza
Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza
LLM Theses and Essays
The Purpose of this thesis is to bring about the awareness of the importance of privacy in our lives. Privacy is an essential element of a free society without which individuals would lose the ability to interact with one another in private. With the advancement in police surveillance technology there is a clash between an individuals right to keep a secret and the State’s power to penetrate that secret. State of the art technologies such as the financial crimes enforcement network, wearable computing and surveillance cameras are some of the latest devices invading privacy. These technological advances have become so …
Book Review: Legal Mystery Goes Beyond The "Murder" Label, Stacey L. Gordon
Book Review: Legal Mystery Goes Beyond The "Murder" Label, Stacey L. Gordon
Faculty Journal Articles & Other Writings
The author reviews, "The Emperor of Ocean Park," by Stephen L. Carter.
The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen
The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin
Faculty Scholarship
No abstract provided.
Statutory Inflation And Institutional Choice, Lawrence Solan
Statutory Inflation And Institutional Choice, Lawrence Solan
Faculty Scholarship
No abstract provided.
Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider
Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Reconciling Federal And State Interest In Securities Regulation In The United States And Europe, Roberta S. Karmel
Reconciling Federal And State Interest In Securities Regulation In The United States And Europe, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Stacy Caplow
Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Stacy Caplow
Faculty Scholarship
No abstract provided.
Privacy Property, Information Costs And The Anticommons, Edward J. Janger
Privacy Property, Information Costs And The Anticommons, Edward J. Janger
Faculty Scholarship
No abstract provided.
Judge Jack B. Weinstein, Tort Litigation, And The Public Good: A Roundtable Discussion To Honor One Of America’S Great Trial Judges On The Occasion Of His 80th Birthday, Aaron Twerski, Margaret Berger, Anthony J. Sebok, Helen E. Freedman, John C.P. Goldberg
Judge Jack B. Weinstein, Tort Litigation, And The Public Good: A Roundtable Discussion To Honor One Of America’S Great Trial Judges On The Occasion Of His 80th Birthday, Aaron Twerski, Margaret Berger, Anthony J. Sebok, Helen E. Freedman, John C.P. Goldberg
Faculty Scholarship
No abstract provided.
The Deanship, Ellen Ash Peters
Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman
Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman
Faculty Publications
No abstract provided.
"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave
"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave
Publications
Part I of this Article reviews the case law regarding judicial review of both terms of imprisonment and imposition of the death penalty. In this section, I argue for consistency within this area of the law. Some jurisprudence suggests that, because "death is different," proportionality review is appropriate only in the death penalty context, and is either not required or only applies in an extremely narrow example, such as life imprisonment for a parking ticket. Part II examines Supreme Court precedent that analyzes the question of proportionality of forfeitures and punitive damages awards. In the context of forfeitures, the debate …
2003 California's Five-Year Infrastructure Plan, Office Of The Governor
2003 California's Five-Year Infrastructure Plan, Office Of The Governor
California Agencies
No abstract provided.
State Revocation Of Law Enforcement Officers' Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman
State Revocation Of Law Enforcement Officers' Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman
All Faculty Scholarship
This article suggests ways that Department of Justice Attorneys who prosecute state and local law enforcement officers for violation of civil rights under 18 USC §§ 241 and 242 could use state laws that permit revocation of law enforcement officers’ licenses. Whereas federal criminal convictions of non-law enforcement defendants are close to 100%, statistics indicate that when law enforcement officers are go to trial in federal court, the conviction rate is closer to 50%. Thus, if a jury is unlikely to convict because of its natural sympathies towards the officer, prosecutor should seriously consider permitting the officer to agree to …
September 11th: Pro Bono And Trauma, Marjorie A. Silver
September 11th: Pro Bono And Trauma, Marjorie A. Silver
Scholarly Works
No abstract provided.
Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron
Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron
Scholarly Works
No abstract provided.
How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn
How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn
Scholarly Works
Some commentators have labeled Atlanta, Ga. as America's poster child for sprawl. Atlanta is highly auto-oriented, and suffers from higher levels of traffic congestion and air pollution than most other cities. This book review explains how sprawl happened in Atlanta - not through the mysterious invisible hand of the free market, but through transportation and zoning decisions made by city officials.
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
Scholarly Works
On July 30, 2002, President Bush signed the Sarbanes-Oxley Act of 2002, H.R. 3763, well-publicized in the press as a legislative response to the perceived excesses of corporate America: Enron; WorldCom; Tyco; Global Crossing, etc.
The Sarbanes-Oxley Act of 2002 contains an array of provisions affecting lawyers as professionals serving businesses and contains one provision that will clearly impact corporate counsel in the ethical discharge of their duties. Section 307 of the Act and the recently released Proposed Roles of the Securities Exchange Commission regarding lawyer duties and implementation of Section 307 require counsel to go "up the ladder," to …
Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma
Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma
Faculty Scholarship
No abstract provided.
Jurors As Statutory Interpreters, Lawrence Solan
Jurors As Statutory Interpreters, Lawrence Solan
Faculty Scholarship
No abstract provided.
Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider
Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Dismembering Civil Society: The Social Cost Of Internally Undemocratic Nonprofits, Dana Brakman Reiser
Dismembering Civil Society: The Social Cost Of Internally Undemocratic Nonprofits, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
The Trouble With Shadow Government, Howard M. Wasserman
The Trouble With Shadow Government, Howard M. Wasserman
Faculty Publications
No abstract provided.
Introduction To Symposium, The Rights Of Parents With Children In Foster Care: Removals Arising From Economic Hardship And The Predicative Power Of Race, Ann Cammett
Scholarly Works
Professor Cammett introduces a symposium at the Association of the Bar of the City of New York exploring the predicament posed by the surge of child removals through neglect petitions, and the subsequent placement of those children in foster care. The panel’s published comments offer some poignant reflections on the crisis of the child welfare system.